ANALISIS YURIDIS TERHADAP PUTUSAN KASASI NOMOR 365K/PID/2012 DAN PUTUSAN PENINJAUAN KEMBALI NOMOR 79PK/PID/2013 TENTANG PERBUATAN YANG KARENA KEALPAAN DOKTER MENYEBABKAN MATINYA ORANG LAIN

Abstract

Malapraltik is an error that occurs in a medical action, which error is
done accidentally. If an incident occurs the doctor does not do work in
accordance with professional standards and professional operational standards
due to the condition of the patient who must be taken medical action this will be
problematic if the patient experiences disability and death. Dr. Case example Ayu
Ayu Saseary Prawani, Dr. Hendry Simajuntak and Dr.Hendy Siagian was
convicted for not acting according to professional standards and standard
operating procedures due to the condition of patients who need help in an
emergency. Based on this understanding the author of this thesis formulates two
formulations of the problem, namely: first what is the basis for consideration of
the judge Cassation Number 365K / Pid / 2012 and consideration of judges
Revisiting Number 79PK / Pid / 2013 in determining the verdict, Second
emergency without giving informed consent to the patient resulting in death.
This type of research can be classified in normative juridical research,
because this research is conducted by examining secondary data and approaches
to law, this normative study examines legal synchronization to reveal reality, to
the extent that certain laws are in a vertical, harmonious manner horizontally
when it comes to laws that are in the same field. The data sources used are,
primary data, secondary data, tertiary data, data collection techniques in this
study are normative juridical, the data used is library research.
In the results of the discussion in the writing of the thesis is First
reviewing how the interpretation of the judge in deciding the case and
consideration of the judge Cassation and consideration of the Review of the Case
of Dr. Dewa Ayu Saseary Prawani, Dr. Hendry Simanjuntak and Dr. Hendy
Siagian. Secondly, a review of the Law needs to be made regarding Informed
consent, which is necessary to reduce or eliminate malpractice.
Keywords: Medical Malpractice, Forgiveness, Criminal Responsibility,
Decision, Legal Certainty